By KELLEY SHANNON, SPECIAL TO THE CHRONICLE |
August 28, 2011
| Updated: August 29, 2011 12:24am

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AUSTIN - Along with making deep cuts in the state's budget, Texas lawmakers this year passed bills cracking down on drunk drivers and making it more difficult for the government to take private property.

Other new laws ease up on regulations for farmers' market products and allow for catching catfish with one's hands, a technique known as "noodling."

Much of the legislation takes effect on Thursday, the first day of Texas' fiscal year. Then Texans will begin to see how actions at the state Capitol affect their lives in ways large and small.

One new law requires a doctor to attempt to show a woman seeking an abortion a sonogram of the fetus, to describe the image and to provide the sound of the fetal heartbeat before the procedure. Federal Judge Sam Sparks is expected to rule before Thursday on a challenge to the law by the Center for Reproductive Rights.

"This law is intrusive, patronizing to women and unconstitutional," said Julie Rikelman, the center's lead attorney on the case. She said patients should only be given the information and medical tests appropriate for the circumstances and a doctor should not have to act as a "government agent."

"It is absolutely crucial that women have all the information at their fingertips when making such a life-changing decision," she said.

Perry also placed eminent domain legislation on his emergency agenda this year.

A law taking effect Thursday puts more safeguards in place for private property owners when the government wants to take their land, said Bill Peacock, vice president for research at the Texas Public Policy Foundation.

The omnibus bill spells out that land only can be taken for "public use" to ensure that property cannot be seized for economic development, Peacock said. It also lays out circumstances in which a landowner can buy back property if it is not used as the government intended.

"It's a step in the right direction," Peacock said, predicting more work on the issue in the 2013 legislative session. "There are still quite a few things we can do in Texas to further protect private property rights."

Parts of the controversial Voter ID law Republicans muscled through also take affect Thursday. Full implementation will begin Jan. 1.

Photo ID

The act will require voters to present a driver's license or another specified form of government-issued photo identification, such as state photo ID, military ID, passport or concealed handgun license, along with a voter registration card to be able to cast a ballot at the polls.

Minority groups complained the measure will unfairly target poorer voters because they are less likely to have photo ID.

"This went too far in having a very narrow list of documentation," said Luis Figueroa, an attorney with the Mexican American Legal Defense and Educational Fund. He said the state could have made the restrictions less onerous by allowing more forms of identification, such as student identification cards, VA cards or Social Security cards.

The state budget dominated the regular and special sessions, and key to the spending plan was school funding. Legislators cut public education by some $4 billion over two years, and that reduction is starting to show in cuts by local districts.

Thousands of state employees also are losing their jobs because of cuts. Case in point: The Texas Parks and Wildlife Commission on Thursday approved a drastically reduced budget for 2012 that reflects a 21.5 percent cut during the coming two years. So far, 111 people have been laid off within the agency.

The disability rights group ADAPT of Texas spoke out this past week against the budget cuts, saying that almost 12,000 disabled and older Texans will have home and community services reduced.

Prosecutors will have new tools to use against drunk driving offenders under a law that doubles the possible prison time to 20 years for intoxication assault when a victim is left in a vegetative state. The legislation also ups the possible jail time to one year for a drunk driver whose blood-alcohol content is .15 percent or higher.

Other criminal justice-related laws will make it harder for prosecutors to convict defendants based on eyewitness testimony alone, make it easier for convicts to obtain DNA evidence to appeal their convictions and prevent young adults from being placed on the state sex offender registry for having a sexual relationship with a teenager.

Farmers and ranchers

One new law will make it easier for farmers and ranchers to get their products to farmers' markets by eliminating some restrictions on how the food must be transported. For example, foods can be kept cold with ice chests or other devices, and farmers will not have to bring along an expensive refrigeration unit and generator, as some local officials have required.

"Consumers have made it very clear," McGeary said. "They want farmers' markets and they want more locally produced foods."

The same piece of legislation eases restrictions on "cottage foods," or baked and canned goods produced in people's homes, such as non-refrigerated cakes and canned jellies. McGeary said the law opens up a business avenue for cottage food providers and does not compromise food safety.

Meanwhile, Texans who want to hunt feral hogs from a helicopter are in luck. Lawmakers passed a bill that lets landowners arrange for the hunting of feral hogs and coyotes from choppers above their property.

Another law makes it legal to fish for catfish with your bare hands, known as noodling.